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In advising Sophie as to what remedies she might have in community law, the areas of direct effect, indirect effect and state liability will be taken into consideration.
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In advising Sophie as to what remedies she might have in community law, the areas of direct effect, indirect effect and state liability will be taken into consideration. EC law is supreme to national law, this has already been seen. Domestic courts are obliged to give maximum effect to EC law. By bearing this in mind, the question arises as to what extent individuals are able to rely on EC law before national courts in particular where member states have failed to implement a certain measure. Also where the implementation is in some way faulty and does not provide the maximum effect of the rights of an individual. In order to deal with this question and with regards to the principle of supremacy, the European Court of Justice (ECJ) has developed three inter-weaving doctrines: direct effect, indirect effect and state liability. By combining these together they ensure that individuals are given...
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